===== PDF PAGE 9 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO I INFRAS:J'RUCTURE COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _4___,__.. ---=c=---·-- Resolution No. 24-R-0087 - Engineering Enterprises, Inc. - Professional Design Engineering Services for Lead Service Line COMMITTEE AGENDA DATE: December 5, 2024 Replacement Project- Phase A in an Amount Not to Exceed COUNCIL AGENDA DATE: December 16, 2024 $161,810.00 STAFF REVIEW: Mehul T. Patel, P.E., CFM- Director of Public Works SIGNATURE._________ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE.________ _ ITEM SUMMARY: The Lead Service Line Replacement and Public Notification Act, that became effective on January 1, 2022, requires the City of West Chicago to develop, implement, and maintain a comprehensive Water Service Line (WSL) Inventory and a Lead Service Line Replacement (LSLR) Plan. On April 15, 2024, the City completed its WSL inventory based on the best available information and submitted to the Illinois Environmental Protection Agency (IEPA). The Initial LSLR Plan was submitted to the IEPA on May 7, 2024, with annual updates required in 2025 and 2026. The Final LSLR Plan is due before April 15, 2027. Based on the Initial LSLR Plan, the City has approximately 797 lead water service lines within the City limits. Engineering Enterprises, Inc. (EEi) has successfully worked with the City to prepare and submit the Initial LSLR Plan. EEi has worked with multiple Chicagoland communities in their quest to complete LSLR projects. Based on its staff's knowledge and familiarity with LSLR subject, staff solicitated a proposal for professional design engineering services from EEi. Staff anticipate completing the LSLR project in multiple phases. The current proposal is for Phase A of the project, which would target replacing approximately 375 lead WSLs. EEi's scope of work will include preparation of loan application for the Illinois Public Water Supply Loan Program (PWSLP), financial coordination with the City relative to the loan application such as review of current rate structures to ensure sufficient revenue exists for loan re-payment and assistance with drafting necessary documents, design engineering, project meetings, data collection, utility coordination, preparation of plans, preparation of contract specifications, bidding assistance and geotechnical investigation by sub-consultant. The anticipated bidding timeframe is late summer 2025 and construction in 2026, pending approval of the PWSLP funds. EEi's proposal for this task is $168,810.00, which equates to 2.2% of estimated construction cost of $7,745,000.00. Design engineering costs for locally funded projects generally equate to 7-9% of construction cost; however, the design for this project will not include typical items such as a topographical survey which results in reduced costs. This Project will be funded from 06-34-47-4806 where $225,000.00 has been budgeted for this task. ACTIONS PROPOSED: Approve Resolution No. 24-R-0087 authorizing the Mayor to execute a contract with Engineering Enterprises, Inc. of Sugar Grove, Illinois, for professional engineering services related to the Lead Service Line Replacement Project - Phase A in an amount not to exceed $168,810.00. COMMITTEE RECOMMENDATION: ===== PDF PAGE 10 ===== [Extraction: embedded PDF text] RESOLUTION NO. 24-R-0087 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH ENGINEERING ENTERPRISES, INC. OF SUGAR GROVE, IL FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE LEAD SERVICE LINE REPLACEMENT PROJECT - PHASE A IN AN AMOUNT NOT TO EXCEED $168,810.00. BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute a Contract with Engineering Enterprises, Inc. of Sugar Grove, IL for professional engineering services related to the preparation of Lead Service Line Replacement Project-Phase A in an amount not to exceed $168,810.00, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 16th day of December 2024. AYES: NAYES: ABSTAIN: ABSENT: Mayor, Ruben Pineda ATTEST: Executive Office Manager, Valeria Perez ===== PDF PAGE 11 ===== [Extraction: embedded PDF text] November 7, 2024 Mr. Mehul Patel, P.E., CFM Director of Public Works City of West Chicago 1400 Hawthorn Lane West Chicago, IL 60185 Re: LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 1 City of West Chicago, DuPage County, IL Dear Mr. Patel: Enclosed for your review and consideration are two copies of our proposed agreement for the subject project. The attached agreement includes a detailed scope of services and estimate of level of effort and associated cost for the project. We are proposing to provide our professional engineering services for a fixed fee amount of $161,810 (Not to Exceed). We look forward to working with you and members of your staff on this project. If you have any questions or require any additional information, please do not hesitate to contact us. Respectfully submitted, ENGINEERING ENTERPRISES, INC. Stephen T Dennison, P.E Vice President VH/STD Enclosures pc: STD, VH, ARS, DMT - EEi (Via E-mail) ===== PDF PAGE 12 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 1 Agreement for Professional Services Lead Service Line Replacement Program - Year 1 THIS AGREEMENT, by and between the City of West Chicago, hereinafter referred to as the "City" or "OWNER" and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or "ENGINEER" agrees as follows: A. Services: The Engineer shall furnish the necessary personnel, materials, equipment and expertise to make the necessary investigations, analysis and calculations along with exhibits, cost estimates and narrative, to complete all necessary engineering services to the City as indicated on the included Attachment B. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon term.ination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: Contractor shall receive as compensation for all work and services to be performed herein an amount based on the Estimate of Level of Effort and Associated Cost included in Attachment D. The professional engineering services will be paid for as a not to exceed fee in the amount of $161,810. All payments will be made accordingly to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, Contractor, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the PAGE 1 ===== PDF PAGE 13 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 1 City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without Contractor's consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER's sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER's sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kane County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City's relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. PAGE2 ===== PDF PAGE 14 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 1 Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in PAGE 3IIFs•--------------------- ===== PDF PAGE 15 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 1 accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: .x. United States Citizen Resident Alien Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): _ Individual _ Real Estate Agent _ Sole Proprietorship _ Government Entity _ Partnership _ Tax Exempt Organization (IRC 501 (a) only) lL Corporation _ Not for Profit Corporation Trust or Estate Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City's agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party's negligence, including failure to follow the ENGINEER's recommendations. J. Schedule Contractor agrees to complete the project in accordance with the schedule summarized within Attachment C. K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the Attachments. Except for those terms included on the Attachments, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: PAGE4■!:s·-------------------- ===== PDF PAGE 16 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO LEAD SERVICE LINE REPLACEMENT PROGRAM - YEAR 1 Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C: Anticipated Project Schedule Attachment D: Estimated Level of Effort and Associated Cost Attachment E: /EPA Contract Requirements Attachment F: Standard Schedule of Charges L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City of West Chicago: For the Engineer: Director of Public Works Engineering Enterprises, Inc. 475 Main Street 52 Wheeler Road West Chicago, IL 60185 Sugar Grove Illinois 60554 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. Agreed to this _day of ____ , 2024. City of West Chicago: Engineering Enterprises, Inc.: • .... Title: Ruben Pineda, Mayor icePsident Attest: Attest: Title: Valeria Perez, Signer ID: CL0CK3ZM 11 ... Executive Office Manager Project Manager PAGES■Fs·-------------------- ===== PDF PAGE 17 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. FEBRUARY 2024 ATTACHMENT A: STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEi) (hereinafter "Agreement"), and take precedence over any other provisions between the Parties. These terms may be amended, but only if both parties consent in writing. However, to the extent that the Scope of Work differs from the Standard Terms and Conditions, the Scope of Work document controls. Standard of Care: In providing services under this Agreement, the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties, express or implied, written or oral under this Agreement or otherwise, in connection with ENGINEER'S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER'S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER'S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER'S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER'S opinion of probable construction costs represents ENGINEER'S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor's methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals, bids or actual construction costs will not vary from ENGINEER'S opinion of probable construction costs. Copies of Documents & Electronic Compatlbllity: Copies of Documents that may be relied upon by OWNER are limited to the printed copies (also known as hard copies) that are signed or sealed by the ENGINEER. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, ENGINEER makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks, or other material terms of this Agreement, the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation, and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to, the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions (environmental or otherwise) exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER'S scope of services does not include any services related to a Mazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition; and (ii) warrants that the project site is in full compliance with applicable Laws and Regulations. ENGINEER agrees to cooperate with the OWNER, as necessary, to remediate a Hazardous Condition, but same may result in additional costs to the OWNER. PAGE 1 ===== PDF PAGE 18 ===== [Extraction: embedded PDF text] ENGINEERING ENTERPRISES, INC. FEBRUARY 2024 Consequential Damages: Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the OWNER nor the ENGINEER, their respective officers, directors, partners, employees, contractors, or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience, without cause, upon fourteen (14) days written notice of either party. In the event of termination, the ENGINEER shall prepare a final invoice and be due compensation as set forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days' written notice for the following reasons: (a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; (b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; (c) Suspension of the project or the ENGINEER'S services by the OWNER for a period of greater than ninety (90) calendar days, consecutive or in the aggregate. (d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER'S services under this Agreement are being performed solely and exclusively for the OWNER'S benefit, and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure (defined below) and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues. The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement, "force majeure" shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government, war, acts of war (whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake, storm or like catastrophe. The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party's waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney's Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall ii be construed to create, a fiduciary duty owed to either party to the other party. EEi makes no warranty, express or implied, as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify, explain or define the text thereof nor affect the construction or interpretation of this Agreement. PAGE2 ===== PDF PAGE 19 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO, IL LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM - YEAR 1 IMPROVEMENTS Lead Service Line Replacement (LSLR) Program -Year 1 Improvements City of West Chicago, IL Professional Services Agreement - Design Engineering Attachment B - Scope of Services The City of West Chicago Water Works System currently includes a number of residential lead service lines (LSL), which connect the City's water distribution system to residential properties within the community. The City's intent is to implement a multi-year lead service line replacement program utilizing funds from the IEPA Public Water Supply Loan Program (PWSLP). To be eligible for the loan, the City has prepared and submitted a Drinking Water Project Plan for review and approval by the IEPA. The City is seeking to proceed with Year 1 of the loan program, which includes preparation of the PWSLP loan application and design engineering. The Year 1 Improvements and the scope of the Design Engineering services herein assume up to 375 Lead Service Line Replacements. EEi's proposed scope of service items are as follows: ILLINOIS PUBLIC WATER SUPPLY LOAN PROGRAM (PWSLP) LOAN APPLICATION: 1.1 Prepare Loan Application Form • Loan Program Certifications and Resolutions o Disbarment, Suspension, and Other Responsibility Matters o Intent Regarding National Flood Insurance o Project Site Rights of Way, Easements and Permits o Taxpayer ID (FEIN) Certifications o Five Officer Certification Form o Tax Compliance Certificate and Agreement o Authorizing Representative to Sign Loan Documents o Certified Bond Ordinance • Existing Water Rate Ordinance • Water System Information • Project Completion Schedule and Estimates 1.2 Financial Coordination with the City • Current and Future Debt • Comprehensive Financial Projections (5 years) • Audited Financial Statements • Bond Ratings • DUNS Number DESIGN ENGINEERING: 2.1 Project Management and Administration • Budget Tracking • Management of Personnel and the Engineering Contract • General Coordination with the City, Sub-Consultants, and IEPA PWSLP Contact 2.2 Project Meetings • Kick Off Meeting with the City • Two (2) Progress Review Meetings with the City • Two (2) Public Information Meetings Including Presentations • Mandatory Pre-Bid Meeting --~■s--------------------~ PAGEl ===== PDF PAGE 20 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO, IL LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM - YEAR 1 IMPROVEMENTS 2.3 Acquire City Data and Utility Coordination • Acquire and Review Existing Engineering Plans, Service Line Records, GIS Utility Records, and Geotechnical/LPC Data • Coordinate with City on Required Meter, Plumbing Fixtures, etc. for Private Side Services. • Design JULIE 2.4 Prepare Contract Documents and Estimates • Preparation of 60%, 90% and 100% Contract Documents and Engineer's Opinion of Probable Construction Cost for Review by the City. • Contract Documents Shall Consist of a Project Manual Comprised of the Following: o Typical City Contracting Documents (Provided by the City) o Project Specific Special Provisions o Location Exhibits o Existing Engineering Plans (Provided by the City) o Details o Geotechnical and LPC Data o All Required IEPA Language, Checklists and Certifications to be in Compliance with the Loan Program • Obtain IEPA PWSLP Approval of Contract Documents Prior to Bidding. Revisions to Contract Documents per IEPA Review as Necessary. 2.5 Bidding and Contracting • Prepare Ad for Bid and Assist City with Posting in Local Paper (City to Pay Cost for Advertising) • Acquire Certified Ad for Bid • Prepare Bidders List • Address Bid Questions and Prepare Addenda • Coordinate Addenda Approval with IEPA Prior to Issuance • Prepare Bid Tab, Bid Summary, and Intent of Award Letter • Submit Successful Bid Proposal to IEPA for Approval The following scope of services will be provided by EEi's subconsultant Rubino Engineering if the data is not already available. • Perform Soil Borings • Prepare Geotechnical Report • Prepare LPC Form 662 or 663 Permit EXCLUSIONS The above scope of services excludes the following: • Attendance at City Council Meetings • Residential Coordination Aside from Public Meetings • Temporary Construction Easements - To Be Managed During Construction Phase • Topographic Survey • Traditional Engineering Plans • Permitting (None Anticipated) • Bidding Process (Managed by the City Electronically) • Attend Bid Opening (Electronic; N/A) - ~ I S - - - - - - - - - - - ~ PAGE2lil'-t:i ===== PDF PAGE 21 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO, IL LEAD SERVICE LINE REPLACEMENT (LSLR) PROGRAM - YEAR 1 IMPROVEMENTS ADDITIONAL SERVICES The above scope summarizes the work items that will be completed for this contract. Additional work items, including additional meetings beyond the meetings defined in the above scope, shall be considered outside the scope of the agreement and will be billed in accordance with EEi's current Standard Schedule of Charges. No such additional services shall be performed unless authorized pursuant to a written amendment to this Agreement entered into and executed by the parties. PAGE3 ===== PDF PAGE 22 ===== [Extraction: OCR (rendered-page OCR)] ATTACHMENT C: ESTIMATED SCHEDULE CUIENT PROJECT Nt ER City of West Chicago WE2402 PROJECT TITLE DATE PREPARED BY Lead Service Line Rep gram, i ineeri 9/25/24 [1.1 [Prepare Loan Application (Incl. Certificates and Resolution Coordination (ES eS ed ee) |_1.2_|Financial Coordination with the City ee iiss’ TASK DESCRIPTION a NOV DEC JAN FEB MAR APRIL MAY JUNE JULY AUG $I 1 OG NOV DEC 11 Project lanagement and A dministration Project Meetings 2 2 ss City Data and Utility Coordination 2.4 |Contract Documents and Estimates | 2.5 [Bidding and Contracting (Includes T Mandatory Pre-Bid Meeting) Notes: Schedule Targets Fall 2025 Construction Start 52 Wheeler Road Sugar Grove, IL 60554 Tel: ===== PDF PAGE 23 ===== [Extraction: embedded PDF text] ATTACHMENT D: ESTIMATE OF LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES Cl IE NT PRO.Jr CT NUMFlE R [ City of West Chicago IIWE2402 f,ROJl::CT TI 11 F DATL PREPARED FlY I Lead Service Line Replacement Program - Year 1 Improvements 19125(24 IVH/STD TASK TASK DESCRIPTION COST NO. 64 $ 12,928 2.2 Project MeetinQs 16 24 24 - - - 144 $ 25,000 2.3 Citv Data and Utilitv Coordination 8 32 64 - 40 - 2.4 Contract Documents and Estimates 8 16 220 - 24 2 270 $ 45,752 2 82 $ 15,17 2.5 Bidding and Contracting 8 24 48 - - :otal: 48 156 368 64 4 640 $ 11 - PROJECT TOTAL: I 60 I 204 I 384 I · I 64 I 4 I 716 I 131,060 EEi STAFF .... . JAM Steve Dennison, PE MileaQe = $ - VH Veronica Hall, PE Printing= $ 750 EMC Emily Conti, El Subconsultant (Rubino} = $ 30,000 MJT Matthew Taylor TOTAL DIRECT EXPENSES $ 30,750 ORA Deborah Anderson $ 131,060 S 131,060 TOTAL COSTS $ 161,810 ===== PDF PAGE 24 ===== [Extraction: embedded PDF text] ATTACHMENT E IEPA PROFESSIONAL SERVICES CONTRACT CLAUSES Audit and Access to Records Clause: A. Books, records, documents and other evidence directly pertinent to performance of PWSLP/WPCLP loan work under this agreement shall be maintained in accordance with generally accepted Accounting Principles. The Agency or any of its authorized representatives shall have access to the books, records, documents and other evidence for the purpose of inspection, audit and copying. Facilities shall be provided for access and inspection. B. Audits conducted pursuant to this provision shall be in accordance with auditing standards generally accepted in the United States of America. C. All information and reports resulting from access to records pursuant to the above shall be disclosed to the Agency. The auditing agency shall afford the engineer an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. D. The final audit report shall include the written comments, if any, of the audited parties. E. Records shall be maintained and made available during performance of project services under this agreement and for three years after the final loan closing. In addition, those records that relate to any dispute pursuant to the Loan Rules Section 365.650 or Section 662.650 (Disputes) or litigation or the settlement of claims arising out of project performance or costs or items to which an audit exception has been taken, shall be maintained and made available for three years after the resolution of the appeal, litigation, claim or exception. Covenant Against Contingent Fees: The professional services contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees. For breach or violation of this warranty, the loan recipient shall have the right to annul this agreement without liability or in its discretion to deduct from the contract price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. Certification Regarding Debarment, Suspension and Other Responsibility Matters: Form EPA 5700-49 is signed and attached as part of Attachment E. USEPA Nondiscrimination Clause: The contractor (engineer) shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. USEPA Fair Share Percentage Clause: The engineer agrees to take affirmative steps to assure that disadvantaged business enterprises are utilized when possible as sources of supplies, equipment, construction and services in accordance with the [WPC or PWS] Loan Program rules. As required by the award conditions of USEPA's Assistance Agreement with Illinois EPA, the engineer acknowledges that the fair share percentages are 5% for MBEs & 12% for WBEs". ===== PDF PAGE 25 ===== [Extraction: embedded PDF text] &EPA EPA Project Control Number United States Environmental Protection Agency Washington, D.C. 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public: (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Stephen T. Dennison, P.E. - Vice President Typed Name and Title of Authorized Representative.. 9/25/2024 . Signature of .A:uthorized Representative Date I am unable to certify to the above statements. May explanation is attached. D EPA FORM 5700-49 (11-88) ===== PDF PAGE 26 ===== [Extraction: embedded PDF text] EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $246.00 Principal E-3 $241.00 Senior Project Manager E-2 $234.00 Project Manager E-1 $210.00 Senior Project Engineer/Surveyor II P-6 $200.00 Senior Project Engineer/Surveyor I P-5 $186.00 Project Engineer/Surveyor P-4 $168.00 Senior Engineer/Surveyor P-3 $155.00 Engineer/Surveyor P-2 $140.00 Associate Engineer/Surveyor P-1 $127.00 Senior Project Technician II T-6 $175.00 Senior Project Technician I T-5 $164.00 Project Technician T-4 $153.00 Senior Technician T-3 $140.00 Technician T-2 $127.00 Associate Technician T-1 $111.00 GIS Technician II G-2 $125.00 GIS Technician I G-1 $114.00 Engineering/Land Surveying Intern 1-1 $ 82.00 Executive Administrative Assistant A-4 $ 77.00 Administrative Assistant A-3 $ 72.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation $ 20.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% Unmanned Aircraft System/ Unmanned Aerial Vehicle/ Drone $ 225.00 Expert Testimony $ 275.00 52 Wheeler Road • ' . , . • Tel ., , ' , , • F,1x: : • • , • • , , ===== PDF PAGE 27 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO INFRASlRUCTURE COMMITTEE AGENDA ITEM, SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: _4=__,·,._~~ ~--- Resolution No. 24-R-0088 - Amendment No. 2 - Thomas COMMITTEE AGENDA DATE: December 5, 2024Engineering Group, LLC - Phase Ill Construction COUNCIL AGENDA DATE: December 16, 2024 Oversight Services of Public Improvements Constructed by Pulte Home Company, LLC for the Trillium Farm Subdivision Development Project in the Amount Not to Exceed $7,196.83 for a Revised Contract Amount of $183,683.91 STAFF REVIEW: Mehul T. Patel, P.E. CFM, Director of Public Works SIGNATURE _________ _ APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE _________ _ ITEM SUMMARY: Pulte Home Company, LLC developed an 84-home residential subdivision, known as Trillium Farm, on approximately 34.97 acres of land generally located at the southeast corner of Gary's Mill Road and Purnell Road originally in unincorporated DuPage County. On August 19, 2024, the City Council approved Ordinance No. 24-0-0025 for the annexation of the Trillium Farm Residential Subdivision. The subdivision includes the construction of substantial public improvements, including, but not limited to, approximately 8,500 lineal feet of watermain and appurtenances, approximately 5,000 lineal feet of sanitary sewer main and appurtenance, approximately 7,000 lineal feet of storm sewer pipe and appurtenances, approximately 0.87 miles of residential roadways, approximately 27,300 square feet of public sidewalk, and a complete street light system. With a Pre-Annexation Agreement executed between Pulte Home Company, LLC and the City of West Chicago, the public improvements ultimately would become the ownership and maintenance responsibility of the City of West Chicago. Therefore, although the said subdivision was originally being constructed in unincorporated DuPage County, it was important for the City to conduct full-time construction observation and inspection services for all public improvements to ensure compliance with the City Code of Ordinance and standards. For the Phase Ill construction oversight services, the City Council awarded the original contract to Thomas Engineering Group, LLC (TEG) under Resolution No. 20-R-0049 for an amount not to exceed $109,830.24 and Amendment No. 1 under Resolution No. 21-R-0067 for an amount not to exceed $66,656.84, for a total contract amount of $176,487.08. To properly conduct field observation and to formally close out the development project in accordance with the Pre-Annexation Agreement and the City Code of Ordinance, there was a need for additional Phase Ill construction observation services from TEG. The factors that led to additional services included extensive final inspection and the punch list items prior to acceptance, subcontractor scheduling delays, and requirements for additional oversight for driveway aprons in the public right-of-way during the construction phase. Additional Phase Ill construction observation services performed by TEG amount to $7,196.83 for a revised contract amount of $183,683.91. ===== PDF PAGE 28 ===== [Extraction: embedded PDF text] CITY OF WEST CHICAGO The overage of $7,196.83 will be funded from the fund balance in the FY 2024 Budget under Capital Projects Fund Account No. 08-34-53-4225. All costs incurred for the Phase Ill construction observation services, plus a 25% administrative fee, will be reimbursed from Pulte Home Company, LLC per the Pre- Annexation Agreement and Appendix G of the City Code. ACTIONS PROPOSED: Approve Resolution No. 24-R-0088 authorizing the Mayor to execute a contract Amendment No. 2 with Thomas Engineering Group, LLC for construction oversight services of public improvements constructed by Pulte Home Company, LLC, for the Trillium Farm Subdivision Development Project, for an amount not to exceed $7,196.83 for a revised contract amount of $183,683.91. COMMITTEE RECOMMENDATION: ===== PDF PAGE 29 ===== [Extraction: embedded PDF text] RESOLUTION NO. 24-R-0088 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 WITH THOMAS ENGINEERING GROUP, LLC FOR PHASE III CONSTRUCTION OVERSIGHT SERVICES OF THE PUBLIC IMPROVEMENTS CONSTRUCTED BY PULTE HOME COMPANY, LLC FOR THE TRILLIUM FARM SUBDIVISION DEVELOPMENT PROJECT IN THE AMOUNT NOT TO EXCEED $7,196.83 FOR A REVISED CONTRACT AMOUNT OF $183,683.91 BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Mayor is hereby authorized to execute Contract Amendment No. 2 for Phase III Construction Oversight Services of public improvements to be constructed by Pulte Home Company, LLC. for the Trillium Farm Subdivision Development Project, between the City of West Chicago and Thomas Engineering Group, LLC, for an amount not to exceed $7,196.83 for a revised contract amount of $183,683.91, in substantially the form attached hereto and incorporated herein as Exhibit "A". APPROVED this 16th day of December 2024. AYES: NAYES: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Valeria Perez, Executive Office Manager ===== PDF PAGE 30 ===== [Extraction: embedded PDF text] th~~s.e n g_I n e e r I n g_ g_1 o u p S 8 r V I C e a f f h 8 h I g h 8 B f g r a d e. November 8, 2024 762 shoreline drive suite 200 aurora, llllnols 60504 Mr. Dave Shah, P.E. Assisstant Director of Public Works City of West Chicago 1400 W. Hawthorne Lane West Chicago, IL 60185 Re: Supplement-Amendment #2 to Professional Services Agreement -Trillium Farm Subdivision Development Project Dear Mr. Shah: Thomas Engineel'ing Group, LLC (TEO) prepares this memo to request Amendment #2 in order to continue providing professional engineering services on behalf of the City of West Chicago (City) for the Trillium Farm Subdivision Development Pl'oject (Development). On September 8, 2020, the City Council of West Chicago, by Resolution No. 20-R-0049, authorized the Mayor to execute a Professional Services Agreement between TEG and the City, for Phase lil construction oversight services of public improvements to be constructed by Pulte Home Company LLC (Pulte), related to the Development. This original Agreement was fo1· an initial not exceed amount of $109,830.24. On August 2, 2021, City Council, by Resolution No. 21-R-0067, authorized the Mayor to execute Contract Amendment No. 1 with TEG, for ptofessional services related to the construction ovetsight services of public improvements to be constructed by Pulte, for the Development. This Amendment increased the upper limit of the Contract to $176,487.08, an increase of $66,656.84. This Amendment is hereby requested to oversee the final stage of the Development and to provide the requested oversight services for the remaining public improvements related to the Development's final punch list items. Based on the amount of work completed since the development's public improvements started (September 2000), and the requested work completed through October 31, 2024, an Amendment in the amount of $7,196.83 is being requested for the additional oversight services provided for the remaining public improvements: Budget Required: $ 8,650.85 Original Agreement and Amendment #1 Remaining Amount: $ 1,454.02 Proposed Supplement #2 Amount: $ 7,196.83 This Amendment is being requested due to the below listed work that was not anticipated in July 2021, when the Contract Amendment #1 was requested: ===== PDF PAGE 31 ===== [Extraction: embedded PDF text] November 8, 2024 RE: Amendment #2 lo Professiomil Services Agreement-Trillium Parm Subdivision Development Pro,iecl Page 2 of2 1. Additional Oversight Services Requested by the City. The request for Supplement #1 and its associated Estimate of Remaining Time Requested was submitted to the City on July 19, 2021. On August 19, 2021, The City requested TEO to prnvide oversight services of the Development's driveway aprons. Observations of the driveway aprons was not an oversight task that was budgeted in the Development's September 8, 2020, initial Agreement, nor was it included in the Amendment request dated July 19, 2021. It is estimated that approximately 50 hours were invoiced in association with oversight of the driveway aprons. 2. Extensive Punch List Items. Although punch list items were included as part of the initial 2020 Agreement, the extent of the punch list items, and thek associated re-inspections, were not included in 2021 Amendment request. The punch list items identified by TEO included, but was not limited to, approximately 1200 SF of sidewalk, 275 LP of curb, 500 SF of Class-D patching, and 50 sewer structures. It is estimated that approximately 64 hours will be requil"ed to provide construction oversight of these items, including re-inspections. 3. Subcontt·actor Delays. Observation oversight of the installation of intermittent driveway aprons and intermittent sidewalk across the individual lots, was time consuming as the driveway aprons and sidewalk were installed intermittently. When TEO was notified of apron and sidewalk installations, we would observe, on average, 4 aprons per day or approximately 2.5 sidewalk-lot locations per day. In addition, upon arriving at the scheduled time provided by the subcontractors, there would often be a delay in the arrival of the HMA and PCC material trucks and between the arrival of material trucks if multiple deliveries were needed on a particular day. This time delay was not always documented, but for the time that was documented, is estimated that at least 1O hours were spent on site awaiting the arrival of the delivery trucks. ihould you have any questions or need additional information, please feel free to contact me. a a_f you have any questions or require additional information, please call or e-mail at dougm@thomas- •engineering.com. Sincerely, <1 thomas engineering group, lie ~ 0 ~- as . as rs unicipal Oper lions Supervisor cc: Kevin C. VanDeWoestyne, P.E., ENV SP, Municipal Department Head, Thomas Engineering Group, LLC